CAVC Case 12-2012: PTSD
CAVCReal U.S. Court of Appeals for Veterans Claims (CAVC) decision · 2012-02-29 · SCHOELEN, Judge
This is a decision of the U.S. Court of Appeals for Veterans Claims — the federal court that reviews Board of Veterans' Appeals decisions, one level above the Board. Court decisions can vacate, reverse, or affirm what the Board did.
Official 2026 VA monthly compensation, including the 2.8% COLA increase.
Dependent add-ons start at a 30% rating. Child-only and dependent-parent rates: see the full 2026 pay chart.
2026 base rates, all ratings (veteran alone)
| Rating | Monthly (2026, incl. 2.8% COLA) |
|---|---|
| 10% | $180.42 |
| 20% | $356.66 |
| 30% | $552.47 |
| 40% | $795.84 |
| 50% | $1,132.90 |
| 60% | $1,435.02 |
| 70% | $1,808.45 |
| 80% | $2,102.15 |
| 90% | $2,362.30 |
| 100% | $3,938.58 |
Conditions Claimed
PTSDDepressionAnxietyPsychiatricBackHearing LossTinnitusHeadacheSkinRespiratory
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Issues on Appeal
Service ConnectionEffective DateReopenIncreased RatingDicHearing LossPTSD
Why It Was Decided This Way
The appellant averred that the veteran submitted new and material evidence within the one-year appeal period and that VA had failed to adjudicate the claim on the merits.
On appeal to the Board, the appellant asserted that an October 1, 1985,Board decision was the product of CUE on two theories:(1)The Board erroneously determined that the January 1952 rating decision had become final,and (2)the Board failed to consider three pieces of medical evidence that manifestly changed the outcome of the Board's decision.
In the first February 29,2012, Board decision on appeal,the Board found no CUE in the October 1, 1985,decision.
In the second February 29,2012,Board decision,the Board denied enhanced DIC benefits.
This rating decision did not address the veteran's nervous condition.
The Veteran's 1982 Claim for a Nervous Condition In a May 17,1984,decision,the Board noted that the veteran sought disability compensation for various disabilities,including a nervous condition,which had not been prepared for appeal and referred the claim to the RO for adjudication.
In her Substantive Appeal,the appellant asserted that the October 1,1985,Board decision was the product of CUE on two theories:(1)The Board erroneously determined that a January 1952 rating decision had become final, and (2)the Board failed to consider three pieces of medical evidence that manifestly changed the outcome of the Board's decision.
In the first decision, the Board determined that the October 1,1985,Board decision that denied the veteran disability compensation for an acquired psychiatric disorder was not the product of CUE.
Authorities Cited
Denial Type
No Nexus|Not New Material|Inadequate Exam|Cue
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